Interim Order 3

Order Details: Order Below EX 1
Pdf Text: C. C. No. 963 PW 2022 State Vs Ravi and anr.
CNR MHMM18-004172-2022
ORDER BELOW EXH.38
1. Perused record. Heard both the sides.
2. This is an application for defreezing the account of the applicant Mr.
Vinit Haresh Jasani. It is his case that he is not in anyway connected with the
alleged fraud. Moreover, the record reflects that the amount of Rs.3,99,990/- is
transferred in his account via two separate entries. He is ready to refund the
said amount to informant. Therefore, he prayed for defreezing the account.
3. The Ld. A.P.P. and informant not seriously objected to it as applicant is
already ready to refund the amount to the informant transferred in his account
through the account of accused. Further, all the necessary evidence is already
collected. As contended and can be inferred from the contents of the
application, due to action of Investigating Officer, the account was frozen and
applicant is deprived of it's use. There is no point in keep it in the same stage.
Therefore, application needs to be allowed in the interest of justice.
Accordingly, order -
ORDER
a. Application is allowed subject to condition that applicant Mr. Vinit
Haresh Jasani, shall deposit Rs.3,99,990/-, in this court, within one month from
today.
b. The Manager, Kotak Mahindra Bank Ltd., Branch – Ghatkopar,
Mumbai, is directed to defreeze the saving account, bearing
No.06580010000558, standing in the name of applicant Mr. Vinit Haresh
Jasani, on production of documentary evidence of compliance of the condition
mentioned above and allowed him to transact in the same account.
c. The amount of Rs.3,99,990/-, if deposited by applicant/accused shall be
handed over to the first informant/victim.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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